About 70 percent of the Cracker Barrel shares voted were against Biglari's nonbinding proposal, the company said in a statement.

Biglari is chairman of San Antonio's Biglari Holdings Inc. The company and affiliates are Cracker Barrel's largest shareholder, with about 20 percent of the shares.

Meanwhile, Biglari's third try to win a seat on the board of the Tennessee-based retail and restaurant chain also failed.

Only about 30 percent of Cracker Barrel's shares were voted in favor of Biglari, according to a Cracker Barrel spokesman. Biglari Holdings Vice Chairman Philip Cooley, who was also seeking a seat on the board, garnered a similar percentage of the votes.

Preliminary results show all Cracker Barrel nominees were elected to the board, the company said.

“We are encouraged by our shareholders' continued strong support of our board of directors, and we believe that today's vote reflects their recognition of our continued progress,” Cracker Barrel President and CEO Sandra B. Cochran said in the statement.

Cracker Barrel has opposed board seats for Biglari and Cooley, saying they are conflicted. Biglari Holdings is parent of restaurant chain Steak 'n Shake, which Cracker Barrel considers a competitor. Cochran, in an Oct. 3 letter to Cracker Barrel shareholders, also referenced a “threat from what we believe to be Biglari Holdings' undisclosed agenda.”

Biglari couldn't be reached for comment Wednesday.

When it comes to Cracker Barrel, though, Biglari has been adamant that he's not going to go away.

“It may take us eight years to win our prize proxy fights,” Biglari said at Biglari Holdings' annual meeting in April in New York. “We have the time horizon. We will outlast whoever we need to outlast.”

In a letter to Cracker Barrel shareholders last month, Biglari wrote that he has stated a willingness to refrain from proxy contests if Cracker Barrel's board would pay a significant special dividend. He added he has offered to contractually agree not to seek board control if he gets two board seats.

Since Biglari has gotten involved in Cracker Barrel, same-store sales of the chain have improved. Same-store sales refers to stores open at least a year. Cracker Barrel's stock has climbed from around $40 in late 2011 to a 52-week high of $113.92 last week. The shares closed Wednesday at $111.06, down 18 cents.